Uber and Lyft are rideshare companies that operate using smartphone apps allowing users to request rides from nearby drivers. In general, a criminal assault occurs when an individual intentionally places another individual in fear of immediate physical harm or an offensive contact.
Typically, in order to prove simple assault, the prosecution will need to prove the following:
- Intent: The defendant had the intent to scare or threaten someone else into believing they were going to be physically harmed.
- This is often shown by a gesture, words, or an act that causes the victim to feel a sense of an imminent threat.
- Reasonable Apprehension: The victim has to believe the harm threatened by the defendant can actually occur.
- If a victim does not believe the threat is real or it was directed towards them, it did not create reasonable apprehension.
- Imminent Threat: The victim must believe the harm can occur immediately.
- For example, if the defendant threatens to harm them in the future, that is not an imminent threat.
It is important to be aware that there may be slight differences in the definitions in different states, including Uber California law, so it is important to consult with a local attorney. It may also be helpful to note that women-only rideshares have been created for those who are more comfortable having women rideshare drivers.
What Types of Actions Constitute Uber Assault?
Uber or Lyft assaults are incidents of harassment, sexual misconduct, or physical violence that are perpetrated by a rideshare driver against a passenger, or vice versa, during a booked ride. These types of assaults may also include related criminal offenses, such as stalking, kidnapping, or robbery.
Although the majority of rideshare companies state that most of their trips occur without any incidents, they have faced scrutiny regarding driver accountability and passenger safety. Examples of rideshare assaults are discussed below.
Harassment
Harassment in the context of a rideshare may involve any unwelcome behavior that demeans, threatens, or makes a passenger feel unsafe. This can include asking a passenger inappropriate questions, making remarks about a passenger’s clothing or physical traits, unwanted touching, engaging in aggressive behavior, or contacting the passenger after the trip has ended without a legitimate business-related reason.
Sexual Misconduct
This may range from an unwanted touching, for example groping, to explicit comments, or rape. This is one of the more heavily litigated categories of rideshare assaults.
Physical Violence
This may include unprovoked battery, assault, or other types of attacks resulting from an altercation or a robbery.
Abduction or False Imprisonment
This occurs when a driver illegally detains a passenger in a vehicle or takes them to a location where they did not request to go. It may also occur if an individual poses as a rideshare driver in order to get an individual to get into their vehicle.
Human Trafficking
Human trafficking is a criminal offense involving the use of coercion, fraud, or force to obtain labor from another individual. Rideshares may be used to transport human trafficking victims.
Who Can Be Found Liable for Assault in an Uber or Lyft Rideshare Situation?
What party or parties can be found liable for assault in an Uber or Lyft rideshare situation may vary depending on the facts and circumstances of the situation.
The Perpetrator
In many situations, liability for an assault in a rideshare situation will primarily be on the individual perpetrator who committed the offense, such as the driver, the passenger, other passengers, or other pedestrians or bystanders. An assault perpetrator can potentially face sexual abuse charges and be found liable in a civil court for civil assault.
Both of these require that the defendant created a reasonable apprehension of imminent bodily harm and that the defendant intended that apprehension to occur. A rideshare driver may also face criminal charges and civil liability if they use the rideshare vehicle itself to commit vehicular assault. Vehicular assault is typically defined as when someone’s operation of a motor vehicle causes another person bodily harm, but may vary by state.
The Rideshare Company
In some cases, the rideshare company itself may also be held liable in civil court for negligence if their hiring practices or safety protocols were not adequate. This issue can be complicated because a rideshare company may classify drivers as independent contractors instead of employees as part of the gig economy laws.
Some examples of ways a rideshare company may be held liable for assault committed by their drivers include inadequate safety protocols, negligent hiring practices, and failing to remove dangerous drivers.
There are some situations in which employers can be held liable for the actions of employees under the legal doctrine of respondeat superior if the employee was performing their job duties, carrying out company business, or otherwise acting on behalf of their employer when an incident took place. An additional legal theory under which an employer may be held liable for their employee’s actions is vicarious liability, or imputed liability.
These legal theories allow victims or injured parties to sue employers, who are more likely to have the funds available to compensate them for their losses. However, if the perpetrator was not classified as an employee, these legal theories may not apply.
In certain situations, an employer may be held liable for hiring an employee under the theories of negligent hiring or negligent retention. When an employer fails to take reasonable care when hiring employees, such as conducting thorough background checks, they have engaged in negligent hiring.
If an employer fails to terminate an employee who poses a potential danger, the employer has engaged in negligent retention. It is possible that an employer may be held liable for an employee’s acts that were reasonably predictable.
As an example, suppose a rideshare company hired a driver without completing a background check that would have shown that driver had a criminal record that included assault with a deadly weapon. If this driver commits another assault with a deadly weapon on a passenger, their rideshare employer may be held liable for the costs of injuries sustained by the victim as a result of their negligent hiring.
Can You Sue for Sexual Assault or Other Rideshare Assault?
The answer to the question, ‘Can you sue for sexual assault?‘ is yes. As noted above, an individual can file a civil sexual assault claim. In a civil case, the victim, or the plaintiff, will file a complaint, such as a rideshare accident lawsuit, asking the court for a remedy, often monetary damages, to compensate them for any physical injuries, emotional distress, or related medical bills, or injunctive relief.
It is important to note that the burden of proof in a civil court is by a preponderance of the evidence, which is considered lower than that of a criminal case. This means that, in some situations, even when a victim cannot make a case in criminal court, they may still be able to seek damages in civil court.
In a criminal case, in contrast, the prosecution, or the state, will bring charges against the defendant and be required to prove, beyond a reasonable doubt, each element of the offense. It is important to note that a rideshare driver may face multiple criminal charges, such as assault and driver error, such as reckless driving, depending on the facts of the case. Contact a lawyer if you need help with an assault issue or a driver error definition issue.
What Are the Legal Penalties for Rideshare Assault?
The legal penalties for a rideshare assault will vary significantly depending on the circumstances of the case, the jurisdiction, and what type of assault occurred. If an individual is charged with simple criminal assault, a misdemeanor, they may face one year in jail and criminal fines typically under $1,000.
For more serious felony assault charges, an individual may face a year or more in prison with criminal fines anywhere up to $5,000 or more. There may also be other consequences, including revocation of a license, issues obtaining housing, and loss of rights such as voting and owning firearms.
It is essential to consult with a local lawyer to find out the specific penalties in the relevant jurisdiction.
Are There Any Defenses for Rideshare Assault Claims?
There may be some sexual assault defenses available in rideshare assault cases, including:
- Consent: The majority of these offenses happen in private but if the defendant can show the activity was consensual, they may have a successful defense.
- Actual Innocence: If a defendant can provide an alibi, they may be able to prove they are actually innocent.
- Suppression of Evidence: If a defendant is able to argue in court that evidence of their guilt should be suppressed, for example, because it was illegally obtained, they may be able to avoid a conviction.
- Insanity: Individuals who are insane cannot consent to sexual acts, so if the defendant is legally insane, it can serve as a defense.
How Can an Attorney Help?
An attorney can be especially helpful in an Uber and Lyft assault claim, but with criminal charges and civil lawsuits. There are many complications and nuances with these types of claims, as they can involve both categories of law and issues involving the employer-employee classification of the driver.
There will also be variations in the processes and requirements in each jurisdiction, which a local lawyer can ensure their client complies with so their case is as successful as possible.
Should I Hire a Lawyer for Help with My Uber or Lyft Assault Claim?
Yes, it is essential to hire a personal injury lawyer to help with your Uber or Lyft assault claim. These cases can be incredibly complex, so your best chance at obtaining the compensation you deserve is to have a local attorney who can guide you through each step of the process and make sure your rights are protected.
LegalMatch can help you find a personal injury lawyer near you who handles Uber and Lyft assault claims, is familiar with the requirements in your area, and will help you obtain the best outcome possible. It only takes a short time to complete the submission form and use the no-cost lawyer matching services LegalMatch provides to find a lawyer near you.
